Common questions

Before making a complaint, please read these answers to commonly asked questions.

For clients

When the Queensland Civil and Administrative Tribunal (QCAT) appoints the Public Guardian, decision-making is delegated to individual guardians.

Guardianship matters can be complex, and we support many people. Over time the allocated guardian may change. This helps us make sure each person receives the right level of attention and support. The allocated guardian may change because:

  • different expertise is needed for a matter
  • another guardian is better placed to support the person
  • OPG staff changes and movements (e.g. the allocated guardian is on leave, so a different guardian is needed for that period of time).

If you disagree with a decision, you can ask the guardian to explain why they made that decision. You could also speak to the guardian’s manager, or request we provide the reasons in writing.

Guardians provide decision-making services, so they’ll speak with you when a decision needs to be made.

This means you may need to talk with a guardian a lot when something is happening, and a decision is needed. But you might not need to speak with them for a while if there’s no decisions to be made.

Depending on the types of decisions that need to be made, a guardian may visit you. A lot of the time, they’ll talk with you on the phone or by email. Guardians will always try to make decisions with you by listening to, and being guided by your views, wishes and preferences.

If you’ve tried to contact your guardian and you’re still waiting for a response, you can always escalate your concerns to the guardian’s manager.

For family members, friends or interested parties of our client

We may not need to consult with others if the client has clearly expressed their views, wishes and preferences. Our role is to make decisions in line with the client’s views and wishes, wherever possible. To protect the client’s privacy, we only consult with interested parties if it’s necessary.

To help us understand the benefits and risks of different decision options, we may speak with family and friends or professionals, such as health providers, support services, or legal representatives (where relevant). However, we’re not required to seek the personal preferences of others.

For service providers

Each time a new NDIS plan is approved, the guardian generally makes a new decision about supports and services. We base these decisions on:

  • the adult’s views, wishes and preferences
  • their current circumstances
  • factors that protect the adult’s rights and interests.

Sometimes this means changing service provider when a new plan begins, or at another appropriate time during a NDIS plan period.

No. We can only make decisions about services that fit within an approved NDIS plan. This means we cannot approve services that:

  • exceed the funding limits of the plan
  • would use up the NDIS budget before the plan end date.

Before contacting us about a decision, NDIS service providers should confirm with the support coordinator that:

  • the proposed services are financially sustainable within the plan, and
  • the supports meet the adult’s needs.

How long will it take for the Public Guardian to respond to my complaint?

Current Queensland Department of Justice policy determines the length of time we have to respond to a complaint. When you make a complaint, we’ll acknowledge that we’ve received your complaint within 3 business days. You’ll then receive a formal written response in line with our set timeframes:

  • standard complaint = 30 days
  • human rights complaint = 45 days
  • privacy complaint = 45 days

If we cannot meet these timeframes, we’ll notify you, advise you of progress and provide you with an updated timeframe to receive a response.

We understand that you may want to raise your concerns with multiple people to get a faster outcome. However, to ensure your issues are addressed thoroughly and consistently, our complaints officer manages all formal complaints.

This means, the matter will be referred to the complaints officer even if you’ve included multiple email addresses in your complaint.

If you’ve made a complaint to an external agency, they’ll have their own method for investigating it and will contact us directly, if necessary. This process ensures your complaint is handled fairly and within the correct timeframe.

Read Making a complaint about OPG for more information on our complaints process or our complaints policy (PDF, 336.5 KB)